Right then here goes TSB

[GaryH]

That's the department that deals with the charges complaints. In fact, it was SET UP to deal with the charges complaints. Anything handed in at a branch, or posted to any other Lloyds address for that matter, would only be sent there anyway. Thats not to say that exactly the same response would'nt be acheived by taking it to the branch (ie, sod off). Both options are just as valid. It does'nt really matter anyway to be honest - as long as someone at Lloyds receives it and signs for it - its your deadlines you're working to anyway.

 

In answer to your question Franco99, yes, I have sent all my Lloyds letters there, and received replies from the same address - as have hundreds of other members of this group.

[Bean]

...and received replies from the same address - as have hundreds of other members of this group.

 

I agree, though all my correspondence was hand-delivered to my branch, the replies came from 125 Colmore Row, Birmingham, B3 3SF.

[rodders67]

Hi guys, only found this website today- think i could be due a right few quid back from the greedy bassas. Have already printed off the data protection letter, but not sure wether to send that one to my local branch or the above address in Birmingham. Any ideas?

[GaryH]

You need to take a day or two at least just to look around the site and familiarise yourself with the process before you do anything - there's much to learn! Have a good read around the FAQ section, then if you still have questions, start your own thread.

[rodders67]

Cheers for reply Gary.

Have spent around 3 hours today familiarising myself with things and am pretty sure i know what needs to be done in each stage of the process. My situation is complicated a little by the fact i live in Scotland but have a student account which for some reason means the account is registered to a branch in Peterborough. I know you have already said in this thread direct all corespondence to the Birmingham address, but do you think this would still apply to me?

[GaryH]

For a start, please start your own thread. In doing so you will create your own 'timeline' which people can follow and you will get much more help this way. But in answer to your question, send all Data Protection Act requests to Penny Berryman at the London address (you'll find it in the stickys at the top of the forum)

[Franco99]

GaryH,

 

I have listed on my own spreadsheet the charges since Jan 2004, on here are :

O/Draft Interest charges

O/Draft Excess Fee Charges

Unpaid D/D Charges

Unpaid Chq Charges

 

In all it comes to £3000. Now m very confused about the Interest part, should I be including this, i am just adding them to the spreadsheet as they appear on my statements, im not calculating them.

 

As for anyone after statements I just called up Lloyds TSB got a call Centre in India and they put me through to an English person to take my details and they arrived 10 days later, no problem.

 

Thanks

Franco

[Franco99]

when I say interest I mean O/Draft Interest Charges that appear on my statements. I have added them to make my final figure.

[GaryH]

PLEASE START YOUR OWN THREADS!!!!!

Its not fair to hi-jack someone elses, and besides, if you start your own we can all keep a track of your progress step by step.

 

Of course I'll be happy to answer your questions if I can, but ask it again on your own thread please!

[Franco99]

ok

 

sorry im new to this.

 

apologies to all. I will start my own now.

 

F

[loyalbrummie]

hello all sorry about not keeping you all upto date with my claim BUT me pc has been a bit poorly but as you can see im now back on line .Im now at the stage where i am going to send out my LBA , ive had my usual bogoff letter , so its going to be fun now as im entering the final furlong

 

CHEERS

 

LB

[Bean]

...i am going to send out my LBA , ive had my usual bogoff letter , so its going to be fun now as im entering the final furlong...LB

 

Sorry to disappoint you loyalbrummie, but there's quite a way to go yet. Based on LTSB's handling at present, it is likely that you still have the following to go through:

 

14 day Letter Before Action, Moneyclaim or County Court N1 Claim form, their acknowledgement of your claim within 14 days of the court issuing it, their defence within 28 days of issuing your claim, then possibly a conditional offer.

 

Depending on your exchange of correspondence around a conditional offer possibly also; Allocation Questionnaires to be returned within 14 days of the 28 days, court date being set, and possible settlement some time prior to court hearing. I would guess that from delivery of your LBA you have at least another 42 days to wait before seeing any positive signs. This is not to discourage you in any way, but to encourage you to steel yourself for a potentially drawn-out process.

[loyalbrummie]

I am going to do it but could someone please explain why I have to send in a further copy of the charges that I am claiming for , since they should already have this at their end .

 

regards

 

LB

[Bean]

...could someone please explain why I have to send in a further copy of the charges that I am claiming for , since they should already have this at their end...

 

You can change the amount of your claim up to the point you file your N1 County Court claim form. Even beyond that point, though not preferred or recommended, you could amend your claim (a court fee of £35 applies unless your claim is fee exempt).

 

Sending a copy of your spreadsheet with your Letter Before Action serves several purposes:

 

1. It allows you to update the figure you are claiming, for example the overdraft interest taken on top of your charges could have increased, and/or they could have applied more charges since you originally wrote to them.

 

2. It demonstrates to the bank, and to the court if necessary, that you are providing the most accurate and current information you can.

 

3. It provides a second complete document for reference and for use later in court if necessary.

 

4. If your Preliminary Approach for Repayment letter went astray for any reason, this is at least a back-up. The Royal Mail is very efficient in handling correspondence; the chances of one letter being lost are remote but it is a possibility (presumably reduced by using their 'signed for' service). It is also possible that the bank has a pile or two of other similar letters around;) and could mislay your first letter. If you don't send a spreadsheet with your Letter Before Action and only make reference to the one you sent with your Preliminary Approach for Repayment letter, it could be weakened if that first letter has gone astray.

 

5. It gives the bank an opportunity to look over your figures and compare it with their figures, to aid them in forming a view about your claim.

 

I hope this helps,

[loyalbrummie]

Right then the LBA is being sent today 12/10/2006 heres waiting

 

regards and thanks all

 

LB

[loyalbrummie]

got a letter back today dated the 16th Oct 06

saying that "Thank you for your further letter.

 

I will respond as soon as I can to the issues you have raised and anticipate that this will be within the next ten days .

 

In the meantime thank you for your patience while you are waiting .

 

Your blah blah bah

 

M Orton

Manager

 

DONT THANK ME JUST PAY ME WHAT YOU OWE ME

[Bean]

So, they have acknowledged your Letter Before Action, and told you that they intend to respond within 10 days from 16 October 2006, which ties in with 14 days from your LBA date of 12 October 2006.

 

Patiently see what response they send you and stick to your programme.

 

Don't be angry, the only person it hurts is you - be active:) .

[loyalbrummie]

Never been good at waiting though Bean lol:rolleyes:

 

So from what you know this all seems to be going ok ?

 

cheers

 

LB

[Bean]

Yes, all as expected, this is standard stuff.

[loyalbrummie]

it is now the 28th october , do i now take it to the next stage ?

[GaryH]

The next step is to file a County Court claim. You can do this either online through Moneyclaim, or in person at your local court. I think its best to file at the court directly, but online is fine too so long as you send a schedule to Moneyclaim after you've issued the claim.

 

Heres some useful links;

 

Moneyclaim Online: https://www.moneyclaim.gov.uk/csmco2/index.jsp

Moneyclaim particulars of claim: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

If you file on Moneyclaim you are also advised to send your schedule to the court. I've got a covering letter you can have so if you decide to do it online let me know and I'll post it.

 

N1 claim form: http://www.dream-concepts.com/magicbunny/n1_eng.pdf

N1 particulars of claim: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

If you do it this way, fill the N1 form out online and print off 3 copies. Edit the claim particulars to suit, take 3 copies of that and then 3 copies of your schedule. Staple together so you have 3 sets, then take it all to your local court (or post it) to be issued.

 

Whichever way you do it, you'll have to pay a fee of between £30 and £120 depending on the value of the claim. You will get this back though.

[loyalbrummie]

recieved a letter off SCM today telling me that they are demanding full payment of my Unauthorised Overdraft Amount of 345.35.

Do you think that this is a tactic because of my claim for the charges ?

I am going to ring them and advise them that if they want there money back then pay me what they have taken, il let you know the results .

 

LB

 

 

 

 

[edited:]

[loyalbrummie]

Rang the Lloyds tsb collection centre and was quite shocked by their response , I told them that i was claiming my charges back and his response was oh so when you get your money back will you be putting your account back in order ?

I replied yes as soon as you pay me il pay you .

I await there next move

[GaryH]

Try this letter, it worked for Sweetpants - they withdrew the notice to close and even apologised!! If you do use it, make sure you edit to suit.

 

(YOUR ADDRESS)

 

 

 

 

 

 

 

(THEIR ADDRESS)

 

 

(DATE)

 

 

Dear Sir/Madam,

 

I acknowledge your recent letter dated (**/**/**) in which you informed me of your intention to terminate my account agreement on September 11th 2006.

 

I write to inform you that I believe this decision is unfair and unjust, and to ask you to reconsider your position.

 

On (**/**/**), I wrote to your customer care department to inform them that I had became aware that the penalty charges levied to my account were unlawful, and requested their repayment. As such, the account and balance thereof is now the subject of a dispute. Your letter informing me of the termination of my account agreement was received on (**/**/**). Therefore, it is perfectly reasonable to infer that this is a retaliatory action taken as a direct result of my request for the refund of the unlawfully taken charges. This view is supported by the fact that I am aware of many other customers of Lloyds TSB who on complaining of these charges have been faced with the same situation of account closure.

 

I would draw your attention to the Financial Services Authority’s statement of the 6th July 2006, in which it announced that it considered such retaliatory action to be discriminatory and that it was referring the matter of such closures to the Banking Code’s standards committee. Following on from this, I also believe that the termination of my account agreement in the manor in which it has been proposed would constitute a breach of the terms of the Banking Code. I refer to;

 

Section 13 paragraph 6, which states that an account which is in dispute may not be passed to any credit reference agencies;

 

Section 7 paragraph 5, which states that unless there are exceptional circumstances, ie, threatening or abusive behaviour towards staff, an account will not be closed unless at least 30 days notice is given;

 

Section 14 paragraph 1 and 2, which states that any financial difficulties will be dealt with positively and sympathetically, and any action will be precluded by a period of discussion and the formation of a plan to help deal with those difficulties.

 

Aside from this, (optional short paragraph about personal circumstances, what effect the closure would have, etc………..)

 

I light of the above and because the account is in dispute, I would respectfully ask that Lloyds TSB reconsiders its position with regards to the proposed closure of my account, until such time as the dispute in question reaches its resolution. I feel that a reputable and upstanding organisation such as yours with a fiduciary duty to its customers should be above such retaliatory action, and I am writing in the hope that this matter can reach an amicable solution.

 

However, an account closure in circumstances such as this is tantamount to a sanction for pursueing my ligitimate right of seeking a judgement from a court, and if you decide that the termination will stand, I wish to make absolutely clear that I intend to contest your decision by all means availible at my disposal. Action will include official complaints to the Financial Services Authority and the Banking Code Standards Committee, and I am currently taking advice with regards to the possibility of seeking an injunction to prevent the termination of my account agreement. Additionally, I will also petition my Member of Parliament and contact local and national media outlets.

 

Please respond at your earliest possible convenience to advise how you intend to proceed.

 

 

Yours faithfully,

 

 

 

 

 

(YOU)

 

Here's Sweetpants' thread;

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/29826-help-enforcement-notice.html

[loyalbrummie]

right then just a quickie , I MAY have to go away for a few weeks , will i be able tocontinue my claim , say in a few weeks ir would i have to start the process all over again .?

 

regards

 

LB